Hudgins v. Director, TDCJ-CID
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 20 Report and Recommendations. ORDERED that the petition for writ of habeas corpus is DISMISSED WITH PREJUDICE. A certificate of appealability is DENIED. All motions not previously ruled on are DENIED AS MOOT. Signed by District Judge Jeremy D. Kernodle on 4/27/2021. (efarris, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 6:19cv330
ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
This action was referred to United States Magistrate Judge John D. Love pursuant to 28
U.S.C. § 636. On March 18, 2021, the Magistrate Judge issued a Report and Recommendation
(Docket No. 20), recommending that the petition be dismissed with prejudice. The Report further
recommended that a certificate of appealability be denied.
This Court reviews the findings and conclusions of the Magistrate Judge de novo only if a
party objects within fourteen days of service of the Report and Recommendation. 28 U.S.C.
§ 636(b)(1). In conducting a de novo review, the Court examines the entire record and makes an
independent assessment under the law. Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1430
(5th Cir. 1996) (en banc), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1)
(extending the time to file objections from ten to fourteen days). Here, Petitioner did not file
objections in the prescribed period. The Court therefore reviews the Magistrate Judge’s findings
for clear error or abuse of discretion and reviews his legal conclusions to determine whether they
are contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989), cert. denied,
492 U.S. 918 (1989) (holding that, if no objections to a Magistrate Judge’s Report are filed, the
standard of review is “clearly erroneous, abuse of discretion and contrary to law”).
Having reviewed the Magistrate Judge’s Report and Recommendation, the Court finds no
clear error or abuse of discretion and no conclusions contrary to law. The Court therefore adopts
the Report and Recommendation of the United States Magistrate Judge (Docket No. 20) as the
findings of this Court.
Accordingly, it is hereby ORDERED that the Magistrate Judge’s Report (Docket No. 20)
is ADOPTED. It is further
ORDERED that the petition for writ of habeas corpus is DISMISSED WITH
PREJUDICE. A certificate of appealability is DENIED. All motions not previously ruled on are
DENIED AS MOOT.
So ORDERED and SIGNED this 27th day of April, 2021.
JEREMY D. KERNODLE
UNITED STATES DISTRICT JUDGE
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